The United States Supreme Court took an odd step toward marriage equality Monday. Most were anticipating high court to pick up one of the five states’ cases over gay marriage bans. However, none of the cases from Indiana, Oklahoma, Virginia, Utah or Wisconsin were picked up by the court. This means that the appeals court rulings in those states, in favor of gay marriage, stand, effectively granting marriage equality to those states.
This is a step, albeit a misguided one, toward marriage equality for the entire nation. Since the rulings in the circuit courts will now stand, the states under those circuit courts will now most likely legalize gay marriage.
These circuit courts include the 4th, which covers Maryland, Virginia, West Virginia, North Carolina and South Carolina; the 7th Circuit, including Illinois, Indiana and Wisconsin; and the 10th Circuit, which covers Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. This means that in total 30 states will have the opportunity to legalize gay marriage. In addition, the 20 states that still have a gay marriage ban are now more likely to also have that ban overturned by a lower federal or state court.
The Supreme Court’s decision to not hear any of the five cases does not have any official ramifications. However, it does send a message to lower courts: follow the precedent set by other circuit courts. This will make it more likely for the 20 states that still have bans to have said bans ruled illegal in court. A federal appeals court has yet to uphold a same-sex marriage ban. This non-decision by the Supreme Court makes it more likely that no same-sex marriage ban will be upheld.
The non-decision has many more positive consequences for gay marriage advocates than for those in favor of the bans. However, Monday’s announcement should not be seen as a win for civil rights. The court had an opportunity to make a progressive ruling stepping toward true social equality. Unfortunately, the court decided to take a half step in the right direction.
Imagine if the Supreme Court decided not to hear Brown v. Board of Education or Tinker v. Des Moines, it would of resulted in ambiguity and uncertainty. Today, history looks back positively on those court decisions as steps toward true social justice. Decades from now future generations will not look back positively on the court’s non-decision that granted civil liberties to just over half the states.
The Supreme Court exists to make decisions on the constitutionality of laws and clear the ambiguity that arises from certain laws. Today the non-decision did not reflect the true purpose of the court, making this step toward marriage equality a misguided one.
The legalization of gay marriage is inevitable, but it is being prolonged by decisions such as this. I fear history will reflect on my generation as an intolerant and socially misguided generation. Today’s non-decision is a misguided step that is great for the fight of gay marriage legalization but at the same time damages America’s image as a nation of truly equal rights.
Miller is a freshman columnist for The Daily Cardinal. Is the Supreme Court’s most recent ruling on gay marriage acceptable or do you believe that it didn’t do enough to ensure social equality? What is your stance on gay marriage? Tell us how you feel and please send all of your feedback to opinion@dailycardinal.com.
